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One of EPA’s First Attempts to Implement San Franscico v. EPA: Modifications to EPA’s 2022 Construction General Permit

Key Takeaways - What Happened? The U.S. Environmental Protection Agency (EPA) issued a final modification to its 2022 Construction General Permit (CGP) to expand the list of areas eligible for coverage to include...more

EPA Accelerates PFAS Reporting in the Toxic Release Inventory

In a new proposed rule, the U.S. Environmental Protection Agency (EPA) proposes adding 16 individual per- and polyfluoroalkyl substances (PFAS) and 15 categories of PFAS to the list of chemicals subject to reporting in the...more

2024 Litigation Look Ahead Series: Key Cases That Could Impact CERCLA Liability and Contribution Claims

B&D is pleased to present the next installment of our 2024 Litigation Look Ahead series. (Read part four covering Fifth Amendment takings cases here). In this edition, our litigation team examines various issues relating to...more

EPA Releases Final Rule Increasing PFAS Reporting Under EPCRA

On October 18, 2023, the U.S. Environmental Protection Agency (EPA) released a new final rule that categorized as chemicals of special concern all per- and poly-fluoroalkyl substances (PFAS) that industry must currently...more

Marengi on Remand: Massachusetts Court Applies Bond Provision of the Zoning Act

In Marengi v. 6 Forest Road, LLC, No. 2177CV00933, the Massachusetts Superior Court, on remand, interpreted and applied the Supreme Judicial Court’s (SJC) holding concerning the bond provision of chapter 40A, § 17, which...more

Proposed Massachusetts Legislation Would Phase Out PFAS and Create Remediation Fund

Two bills introduced in the Massachusetts legislature would ban nearly all products containing intentionally added PFAS sold or distributed in the Commonwealth by 2030, with some categories of products banned by 2026. The...more

Massachusetts Court Clarifies Recently Enacted Bond Provision in Zoning and Comprehensive Permit Appeals

In Marengi v. 6 Forest Road LLC, 491 Mass. 19 (2022), the Massachusetts Supreme Judicial Court (SJC) held that a recent amendment to the Zoning Act, Mass. General Laws chapter 40A, § 17, authorizing courts, in their...more

PFAS Determined To Be Hazardous Substances Under Washington’s Cleanup Law

With its decision to list per- and polyfluoroalkyl substances (PFAS) as hazardous substances under Washington’s cleanup law, the Model Toxics Control Act (MTCA), the Department of Ecology ushers in a new era of uncertainty,...more

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